SMALLWOOD v. RUSHING

38676.

103 Ga. App. 148 (1961)

118 S.E.2d 751

SMALLWOOD, by Next Friend v. RUSHING.

Court of Appeals of Georgia.

Decided February 14, 1961.


Attorney(s) appearing for the Case

Kenyon, Kenyon & Gunter, E. D. Kenyon, for plaintiff in error.

Telford, Wayne & Smith, Sydney O. Smith, Jr., contra.


CARLISLE, Judge.

A jury question was made by the evidence as to whether the defendant's wife was guilty of one or more of the acts of negligence alleged in the petition, and as to whether, if she was negligent, such negligence was the proximate cause of the plaintiff's injuries. Accordingly, the trial court erred, after the jury had failed to agree upon a verdict, in granting a judgment for the defendant in accordance...

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